Eviction/Tenant Bankruptcy

[dcl692]

What is the name of your state? North Carolina

My mother is renting to a tenant who either had began bankruptcy proceedings before signing the lease or started them shortly thereafter. They have applied for Chapter 7.

Of course, Mom had no idea they were in financial trouble or intended to file Bankruptcy. These tenants were referred to mom by a Church who was looking for help for this couple who was expecting a child and the father had just been laid off from his job, or had quit or got fired because of health reasons....I'm not sure. Anyway, they were looking for a cheaper place to live. Mom met with them and he had become employed again, and they assured her that the rent on her Condo was much cheaper than what they had been paying in an Apartment, so they could afford it. BUT....as you might expect (but Mom didin't) they have fallen behind on their rent and Mom has received letters from the Bankruptcy Court.

Can she send letters reminding the tenant they are late with rent? Can she charge late fees as agreed up in the lease? Can she threaten (I couldn't think of a more appropriate word than "threaten"...at the moment) eviction? AND most importantly will she be able to evict them?

From what I'm finding in my research she will have to ask the Bankruptcy Judge to "lift" the stay?

Can anyone advise on that process if that's the case?

Thanks,
DCL692

 

[queenofsand]

Your mother should NOT contact them about anything financial/legal. No reminders, threats or anything.

She should consult an attorney to file the relief motion. Once granted she can proceed with the eviction. Her goal now is to get them out. Unfortunately, she can kiss the owed money goodbye as that amount will be discharged in the BK.

 

[Who's Liable?]

What is the name of your state? North Carolina

My mother is renting to a tenant who either had began bankruptcy proceedings before signing the lease or started them shortly thereafter. They have applied for Chapter 7.

Of course, Mom had no idea they were in financial trouble or intended to file Bankruptcy. These tenants were referred to mom by a Church who was looking for help for this couple who was expecting a child and the father had just been laid off from his job, or had quit or got fired because of health reasons....I'm not sure. Anyway, they were looking for a cheaper place to live. Mom met with them and he had become employed again, and they assured her that the rent on her Condo was much cheaper than what they had been paying in an Apartment, so they could afford it. BUT....as you might expect (but Mom didin't) they have fallen behind on their rent and Mom has received letters from the Bankruptcy Court.

Can she send letters reminding the tenant they are late with rent? Can she charge late fees as agreed up in the lease? Can she threaten (I couldn't think of a more appropriate word than "threaten"...at the moment) eviction? AND most importantly will she be able to evict them?

From what I'm finding in my research she will have to ask the Bankruptcy Judge to "lift" the stay?

Can anyone advise on that process if that's the case?

Thanks,
DCL692

Your mom was screwed by these people... She CANNOT call them/ write them/ talk to them while the BK happening... On top of that, once the BK is discharged, she can NEVER try to attempt collections for the money she is owed from these people. It is ILLEGAL for her to conitune collecting from them as the BK law gives them that protection. They can actually sue YOUR mom for illegal collection activities, and they WILL win...

As stated before, you need to consult an attorney to get these people out of her house...